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But, Richard, while I am no fan of Mishcons, if they were given what seemed to be standard proof of ownership of property, what more should they have done? They were found not to be in breach or contract, nor negligent. Yes, they lost for failing to obtain an undertaking that the 'tenant' was the 'owner' and so entitled to sell. Is that usual these days? Mishcons seem to have lost because "it had insurance to cover the loss suffered in full and was in a better position than the client to face the consequences".

So our liability law has come to that now, has it? A 'purported claim' becomes an 'actual claim' simply because the other side is insured, or the NHS, or a local authority, or a motorist, or a dog owner, or the police, or the fire brigade, or the ambulance service...

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